PCM and Gladstones

Johnersh

The pre-action protocols have little or no teeth as, by definition, its before court involvement. The parties do need to declare compliance (or otherwise) in the DQ. 

The court could impose a costs penalty if time has been wasted (by which I mean litigation could have been headed off at the pass if there had been compliance) but that's rare.

It's common for protocol stages to run over. It's not a regulatory issue for the SRA to bother with unlike, say, not managing your client account properly. 

Umkomaas

It's common for protocol stages to run over. It's not a regulatory issue for the SRA to bother with unlike, say, not managing your client account properly. 

😆😆 🤫. Quality!

keithtoon

Coupon-mad said:

So reply (SLOWLY, at the end of the latest deadline their letter mentions) and say you are still awaiting the SAR data from their client but that you also require the solicitor to fulfil their obligations under the PAP, including narrowing the issues and supplying you with an image of the contract (sign) that their client is relying upon.  Not a stock 'here's one we made earlier' image of what a sign might look like, but the actual evidence of the contract in situ on signs that day (dated photos).

Until that and the SAR are supplied, the PAP has not been adhered to and any claim would be abusive conduct in litigation, behaviour that you don't expect to see from a legal firm with a current 2021 SRA prosecution that is in the public domain, published in detail on the SRA website.

You are a STAR... thank you for all the help you give me and also all the other people on here.
Will do as you have said! SLOWLY...

keithtoon

keithtoon said:

Coupon-mad said:

So reply (SLOWLY, at the end of the latest deadline their letter mentions) and say you are still awaiting the SAR data from their client but that you also require the solicitor to fulfil their obligations under the PAP, including narrowing the issues and supplying you with an image of the contract (sign) that their client is relying upon.  Not a stock 'here's one we made earlier' image of what a sign might look like, but the actual evidence of the contract in situ on signs that day (dated photos).

Until that and the SAR are supplied, the PAP has not been adhered to and any claim would be abusive conduct in litigation, behaviour that you don't expect to see from a legal firm with a current 2021 SRA prosecution that is in the public domain, published in detail on the SRA website.

You are a STAR... thank you for all the help you give me and also all the other people on here.
Will do as you have said! SLOWLY...

UPDATE::: 
Emailed this to Gladstones today.

Hi Helen,

Thank you for the Email you sent us on 23 Nov.

Please be aware we still await SAR from CPM.

"I have sent your client Uk Car Park Management a Subject Access Request (SAR)"

See the email we sent you on the 19Oct

Kind Regards

Coupon-mad

Both suggested emails from me had the VERY important addition of listing some things you want to know and see, to narrow the issues as required under the PAP.

I don't know if your October email did that (and my advice did say to ask) but if you don't give them some things to supply (as my version did) you will receive a claim this month as the PAP will indeed be exhausted.

Nothing in your short email holds up a claim.

KeithP

"Hi Helen"... "Kind Regards".

What sort of business letter starts and ends with that sort of familiarity?

Next time... "Dear Sirs" and "Yours faithfully".

keithtoon

KeithP said:

"Hi Helen"... "Kind Regards".

What sort of business letter starts and ends with that sort of familiarity?

Next time... "Dear Sirs" and "Yours faithfully".

Ohhh.
As you gave me a name I thought it was polite to quote.
Also she signed of Kind Regards. Was not taught very well was I?

keithtoon

Coupon-mad said:

Both suggested emails from me had the VERY important addition of listing some things you want to know and see, to narrow the issues as required under the PAP.

I don't know if your October email did that (and my advice did say to ask) but if you don't give them some things to supply (as my version did) you will receive a claim this month as the PAP will indeed be exhausted.

Nothing in your short email holds up a claim.

Coupon Mad, 
YES I asked for exactly as your infomation suggested.

keithtoon

UPDATE:

Helen Sidhu <Helen@gladstonessolicitors.co.uk>

Mon 06/12/2021 11:29

To:

•  You

Please note I am out of the office on Maternity Leave until January 2022. My emails will not be monitord, please telephone the office on 01565 755 088 or email enquiries@gladstonessolicitors.co.uk.

keithtoon

Coupon-mad said:

Both suggested emails from me had the VERY important addition of listing some things you want to know and see, to narrow the issues as required under the PAP.

I don't know if your October email did that (and my advice did say to ask) but if you don't give them some things to supply (as my version did) you will receive a claim this month as the PAP will indeed be exhausted.

Nothing in your short email holds up a claim.

Coupon Mad,
I have looked at my sent emails to show you a copy of my SARs Please see above post 6/12.
When we appealed on the PCM website you have to enter the appeal on their "form" with the info you gave us. NOT heard a word from them? Should I resend or its their problem?